McIsaac v. McMurray
Supreme Court of New Hampshire
Case, for personal injuries alleged to have been caused by the negligence of the defendant in driving his automobile upon the plaintiff, who was riding a bicycle. Transferred from the April term, 1914, of the superior court by Branch, J. The defendant pleaded the general issue, with a brief statement setting up a release of the plaintiff's cause of action.
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Case, for personal injuries alleged to have been caused by the negligence of the defendant in driving his automobile upon the plaintiff, who was riding a bicycle. Transferred from the April term, 1914, of the superior court by Branch, J. The defendant pleaded the general issue, with a brief statement setting up a release of the plaintiff's cause of action. The material part of the release is as follows: “I, William McIsaac, . . . for and in consideration of the sum of seventy-five dollars ... to me in hand paid by Harry McMurray, . . . the receipt whereof is hereby acknowledged, . . . remise,…
1Opinion of the CourtWalker, J.
The language of the release is sufficiently broad to cover all the damages suffered by the plaintiff in consequence of the collision and to preclude the plaintiff from maintaining an action against the defendant therefor. Its execution is admitted and its legal construction as constituting a bar to the plaintiff’s action is not denied. But it is argued that it was entered into under mistake, made by both parties, in reference to a material matter of whose existence they were justifiably ignorant, and that the release would not have been made if that fact had been known and appreciated. The…
2Cases cited19 opinions
- Howland v. BlakeSupreme Court of the United States · 1878
- Colton v. StanfordCalifornia Supreme Court · 1890
- Galusha v. ShermanWisconsin Supreme Court · 1900
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- Kowalke v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1899
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